A soldier is dissatisfied with Monobank's actions, which deducted interest on a loan of 39,984 hryvnias – a decision made by the court.

Monobank is seeking to recover from the client the loan debt due to the unilateral deduction of interest amounting to 39,984 hryvnias. This is stated in the decision of the Darniцьky District Court of Kyiv, published on July 19, 2023.

On March 25, 2019, the man approached Monobank for banking services and signed an application form for the banking services agreement, which included an established credit limit on his current account, with a payment card as the special payment instrument. He accrued a debt that, as of December 13, 2022, amounts to 79,945 hryvnias.

On April 24, 2023, a response to the lawsuit was submitted to the court by the husband, in which he opposed the satisfaction of the claims made, stating that the conditions of the application form he signed did not specify the timing of periodic payments, and therefore the deadline for fulfilling obligations had not yet arrived. He also indicated that the bank failed to take into account the deposits made to the account on December 24, 2022, January 5, 2023, January 18, 2023, February 4, and February 14, 2023, totaling 14,500 hryvnias, while the bank unilaterally deducted interest in the amount of 39,984 hryvnias. He is entitled to the benefits established by paragraph 15 of Article 14 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families." This information was repeatedly communicated to the bank through customer support.

"The defendant entered into an electronic agreement with the bank, which, along with the terms and conditions of banking services and the loan cost calculation table, was signed via the mobile application with an electronic signature. In the application form, the defendant acknowledged that the electronic signature is equivalent to a handwritten signature and its application has the same legal consequences as a handwritten signature on paper documents. Regarding the debt calculation, as of April 28, 2023, it amounts to 68,129 hryvnias, and the payments made by the defendant in the amount of 14,500 hryvnias were taken into account by the bank after the lawsuit was filed," stated Monobank.

What was the court's decision?

The court partially satisfied the claim.

"The defendant has been called to the Armed Forces of Ukraine since September 20, 2022, therefore the bank should not charge him interest for the use of the loan, as he is entitled to the benefits provided by paragraph 15 of Article 14 of the Law of Ukraine 'On Social and Legal Protection of Servicemen and Their Families.' Thus, considering the application of benefits to the defendant established by paragraph 15 of Article 14, the interest in the total amount of 4,747 hryvnias was unlawfully deducted from his account. Taking into account the statement of account provided by the plaintiff in response to the defendant's review, which shows that the plaintiff acknowledged the deposit made by the defendant to the bank account in the amount of 14,500 hryvnias, and considering the unlawfulness of the deduction of the court fee expenses in the amount of 2,684 hryvnias, as well as the unlawfulness of the deduction of interest in the amount of 4,747 hryvnias, the court concludes that the claims are partially based on legal requirements, and the circumstances of the case are partially supported by certain evidence, therefore the lawsuit should be partially satisfied in the amount of 60,698 hryvnias," the court emphasized.